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What Authority Does MOAHR Have in this Process?
The Administrative Law Judge (ALJ) prepares a proposed decision for review by the Michigan Board of Health and Safety Compliance and Appeals (Board). The Board then issues its final decision on the case. Decisions from the Board are appealable to the circuit court.
Petitions to Modify Abatements (PMAs)
PMA cases may be appealed to the Board. After the ALJ issues a proposed decision, the Board members have 30 days to “direct review.” Any one member may exercise this authority. If no Board member directs review within the 30 day period, the ALJ’s decision becomes the final decision of the Board and may be appealed to circuit court. During the first 20 days of the 30-day review period, the parties may file exceptions to the ALJ’s decision. However, even if exceptions are filed, the Board does not review the case unless a member directs review. See, Administrative Rule R. 792.1115.
In the variance area, the ALJ prepares a proposed decision for the Department Director. The Department Director issues the final decision in the matter.
The ALJ prepares a final agency decision. Appeals from the Board, Department Director, and the ALJ are to the circuit court.